UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

_____________

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of report (Date of earliest event reported): June 2, 2009

 

Antares Pharma, Inc.

 

 

Registrant’s telephone number, including area code: 609-359-3020

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

 

 

 

 

 

On June 2, 2009, Antares Pharma, Inc., a Delaware corporation, received notice from the NYSE Amex LLC indicating that Antares Pharma is not in compliance with certain of the NYSE Amex’s continued listing standards. Specifically, the notice states that Antares Pharma is not in compliance with Section 1003(a)(iii) of the NYSE Amex Company Guide due to Antares Pharma having stockholders’ equity of less than $6 million and losses from continuing operations and net losses in its five most recent fiscal years.

In order to maintain its listing with the NYSE Amex, Antares Pharma must submit a plan to the NYSE Amex by July 1, 2009 addressing how Antares Pharma intends to regain compliance with Section 1003(a)(iii) of the NYSE Amex Company Guide. Subject to the plan being accepted by the NYSE Amex, Antares Pharma would have until December 1, 2010 to implement the plan and regain compliance with the NYSE Amex’s listing standards.

Antares Pharma intends to timely submit the plan to the NYSE Amex and has verbally informed the NYSE Amex of its intent. To regain compliance, Antares Pharma must have $6 million of stockholders’ equity or maintain a market capitalization of $50 million for a certain period of time. If the plan is accepted by the NYSE Amex, Antares Pharma may be able to continue its listing on the NYSE Amex during the 18 month plan period, during which time Antares Pharma will be subject to periodic reviews by the NYSE Amex to determine whether it is making progress consistent with the terms of the plan. Antares Pharma’s common stock, $0.01 par value per share, will continue to trade under the symbol “AIS,” but this symbol will become subject to the indicator extension “.BC” to denote Antares Pharma’s noncompliance with the NYSE Amex’s listing standards.

 

 

 

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

 

EXHIBIT INDEX